1,959 results for 'court:"Texas Courts of Appeals"'.
Per curiam, the appeals court dismisses this petition for mandamus brought by voters seeking information about the accuracy of voting machines used in an election approving the Magnolia school district’s issuing of $228 million in school bonds. This court lacks jurisdiction to compel election officials in their duties in this case as the relator filed petition after the results were finalized.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 09-23-00128-CV, Categories: Education, Elections, Jurisdiction
J. Carlyle finds that the lower court properly rendered a no-evidence summary judgment in favor of the owners of a car dealership in this premises liability case involving an alleged slip and fall. The customer failed to adequately respond to the owners' no-evidence motion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01058-CV, Categories: Evidence, Tort
J. Neeley finds the trial court properly convicted defendant for murder. A witness with whom the victim was speaking with by phone was told by the victim that defendant had arrived followed by the sound of gunshots. The victim’s son, who was playing nearby, testified that defendant, his father, shot his mother. All evidence supports conviction. Defendant’s objection to his aunt’s testimony that he had threatened to kill his wife was properly overruled. The information was relevant as it was inconsistent with the aunt’s testimony that defendant never got angry and loved his wife. The factual basis is also contained in the record, specifically in the victim’s mother’s testimony that she heard defendant threaten to kill her daughter. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 8, 2023, Case #: 12-22-00107-CR, Categories: Evidence, Murder
J. Jones finds the trial court properly ruled in favor of the former wife regarding the custody provisions of the divorce decree. Given the testimony provided by the children, it can be concluded that modifying the provisions to name the mother as the children's sole managing conservator is in the best interests of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 8, 2023, Case #: 03-22-00086-CV, Categories: Family Law
J. Pedersen finds that the lower court properly dismissed the appellant's petition for bill of review, which sought to re-open a divorce case. There was no error regarding the documents attached to the dismissal motion. The award of attorney fees should be modified, however, from $7,036 to $4,651. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 8, 2023, Case #: 05-21-00893-CV, Categories: Civil Procedure, Family Law, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Trotter finds that the lower court properly granted summary judgment to the appellees and ruled that a correction deed is "valid and enforceable" in this lawsuit involving the division of a mineral interest. Contrary to appellants' argument, the 1960 deed is not void. For a correction deed to be valid, there is not a "requirement that an error or ambiguity must exist in the original deed." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: June 8, 2023, Case #: 11-21-00201-CV, Categories: Energy, Real Estate
[Consolidated.] J. Doss finds that the lower court properly terminated the parental rights of the mother and the father to two children. The mother's appointed counsel has indicated that her appeal is without merit. The father challenges the evidence on appeal, but the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence and illegal drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: June 7, 2023, Case #: 07-22-00376-CV, Categories: Evidence, Family Law
J. Miskel finds that the lower court properly rendered a default judgment in favor of the realty company in this forcible detainer action. Contrary to the holdover tenant's arguments, the lower court had subject matter jurisdiction, and the evidence sufficiently supports the ruling. The tenant failed to plead "any dispute involving title to real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: June 7, 2023, Case #: 05-21-00860-CV, Categories: Civil Procedure, Real Estate, Jurisdiction
J. Breedlove finds that the lower court properly committed the appellant for treatment under the Texas Civil Commitment of Sexually Violent Predators Act. Contrary to the appellant's argument, the lower court did not err by admitting testimony regarding certain alleged offenses, which were unadjudicated. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 7, 2023, Case #: 05-22-00299-CV, Categories: Evidence, Commitment
J. Gray finds that the trial court properly terminated the parental rights of the mother and father based on sufficient evidence to support the findings as to endangering conduct and the child's best interest. The mother admitted using illegal drugs with her older child, and her three-year-old child had "easy access to the loaded semi-automatic rifle" that the mother unlawfully had in the house. Testimony showed that the father was abusive and was legally disabled due to depression and bipolar disorder. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: June 7, 2023, Case #: 10-22-00425-CV, Categories: Evidence, Family Law
J. Jones finds the trial court improperly ruled against the Texas Department of Family and Protective Services in a suit affecting the parental rights of a mother and father. On appeal, the department argues that the trial court erred by not terminating the parent's rights in the best interest of their child. The evidence supports the findings that it would be in the best interest of the child to terminate the parental rights of their parents. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 7, 2023, Case #: 03-22-00705-CV, Categories: Evidence, Family Law, Guardianship
J. Palafox finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued authorities had not provided adequate evidence either to justify a removal or to support their contention that removal was in the child’s best interest. In fact, not only did authorities make “reasonable efforts,” as required by law, to ensure the child could return to the mother, but the mother also did not “regularly visit or maintain significant contact” with her child while the child was in the care of Texas’ child welfare agency. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 7, 2023, Case #: 08-23-00037-CV, Categories: Administrative Law, Family Law, Guardianship
J. Nowell finds that the lower court properly granted the university administrators' plea to the jurisdiction in this lawsuit brought by a tenured professor, who was allegedly removed from teaching certain classes and brings claims for violations of his constitutional rights. The court notes that the parties' dispute over "quizzes versus homework assignments is not a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 7, 2023, Case #: 05-21-00799-CV, Categories: Constitution, Education, Employment
J. Jones finds the trial court improperly ruled against the Texas Department of Family and Protective Services in a suit affecting the parental rights of a mother and father. On appeal, the department argues that the trial court erred by not terminating the parent's rights in the best interest of their children. The evidence supports the finding that it would be in the best interest of the children to terminate the parental rights of their parents. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 7, 2023, Case #: 03-22-00704-CV, Categories: Family Law, Guardianship
J. Hassan finds that the trial court properly ruled in favor of the employer's insurance carrier for a workers' compensation dispute involving an employee who was hurt in an auto accident. The employee waived his issues regarding the scope of his compensable injuries, the date of maximum medical improvement and impairment rating since they were not raised in the administrative review process. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 6, 2023, Case #: 14-21-00153-CV, Categories: Administrative Law, Employment, Workers' Compensation
J. Rodriguez finds a lower court did not err in modifying the punishment of a juvenile adjudicated to be delinquent from probation to commitment at the Texas Juvenile Justice Department. The juvenile argued the court had abused its discretion in making this decision, but the court heard about numerous instances of the juvenile violating the terms of her probation, the juvenile had previously “absconded” from probation and an aunt who was initially considered as a placement option was ultimately ruled out due to her own past criminal history. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 6, 2023, Case #: 08-22-00159-CV, Categories: Administrative Law, Guardianship, Juvenile Law
J. Pedersen finds that the lower court properly ordered the appellant to pay attorney fees in this suit involving the termination of parental rights. There was no abuse of discretion in the ruling, as the attorney's affidavit and attached invoices were sufficient to satisfy the requirements. Additionally, the appellant fails to establish error as to the issue of recusal. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 6, 2023, Case #: 05-22-01322-CV, Categories: Family Law, Judiciary, Attorney Fees
J. Palafox finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there was not adequate evidence to convict him due to a lack of physical evidence and because he argued prosecutors “investigate or clarify the timing of the alleged assaults,” but it is the responsibility of the jury to “reconcile conflicts, contradictions and inconsistencies in the evidence,” and the jury did not abuse its discretion in doing just that. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 6, 2023, Case #: 08-22-00119-CR, Categories: Evidence, Sex Offender, Child Victims
J. Partida-Kipness finds that the lower court properly rendered a no answer default judgment against the appellant in this lawsuit alleging unjust enrichment and tortious interference with a contract, stemming from a remodeling project at a coffee shop. The record indicates that he "refused to accept the process papers." Also, he failed to establish a meritorious defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 6, 2023, Case #: 05-22-01083-CV, Categories: Civil Procedure, Interference With Contract
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: Tort, Vehicle, Jurisdiction
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: Arbitration, Wrongful Death, Contract
J. Smith finds the trial court properly ruled in favor of an insurance company, granting its motion for no-evidence summary judgment in a workplace injury suit brought by a worker. Because the worker fails to raise a fact issue concerning the trial court’s ruling, it can be concluded that the court did not err. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 2, 2023, Case #: 03-21-00418-CV, Categories: Civil Procedure, Evidence, Insurance
J. Stevens finds that the trial court properly entered a final decree granting the wife's petition for divorce based on the husband's "adultery and insupportability." The evidence of the wife's insufficient income supports the award of spousal maintenance, and there was no abuse of discretion in the order that each party indemnify the other from any tax liability. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 2, 2023, Case #: 06-22-00093-CV, Categories: Civil Procedure, Family Law, Tax
J. Jewell finds, in an auto accident case, that the county was immune from the claims against it except for the accused driver's counterclaim for damages, to the extent that it offsets the county's recovery on its claim against him. Immunity applies to the intervening parties’ claims, and there was no waiver of immunity since the deputy acted in good faith in making the u-turn that led to the crash. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 1, 2023, Case #: 14-22-00367-CV, Categories: Immunity, Damages, Negligence